A legal guide to real estate investments in the Netherlands Edited by David van Dijk and Paul Loeb A legal guide to real estate investments in the Netherlands Edited by David van Dijk and Paul Loeb © NautaDutilh N.V. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means - electronic, mechanical, photocopying, recording or otherwise - without the prior written permission of NautaDutilh. ISBN: 978-90-825336-1-3 This book provides an introduction to Dutch real estate law, one of the core disciplines of NautaDutilh. About NautaDutilh NautaDutilh is one of Europe’s leading law firms. The firm’s real estate practice is united in the Real Estate Services Group. The Real Estate Services Group focuses on all legal and tax disciplines relevant to the real estate sector – both domestic and cross-border – including construction law, real estate development, spatial planning, environmental law, investments and dispositions, finance, asset management, tax and tax structuring, regulatory aspects, energy, PPP/PFI, procurement, litigation and notarial services. The Real Estate Services Group offers an integrated practice and seamless service in the real estate industry across the Benelux region, drawing on the collective strength and expertise of the firm’s offices in Amsterdam, Rotterdam, Brussels and Luxembourg, as well as London and New York. About the authors The authors who contributed to this book are all associated with the Real Estate Services Group as associates or partners, and they all qualify as specialists in their respective fields in the Dutch real estate sector. Many of the authors are also associated with academic institutions. An overview of the authors can be found on page 234-237 of this book. This publication could not have been realised without an enormous amount of help from the professionals of our firm’s Real Estate Knowledge and Information Center. They support the real estate practice on a daily basis by processing large quantities of legal information and market data and drafting and amending the many models and systems that enable us to achieve our quality and service targets. DAVID VAN DIJK CHAIRMAN REAL ESTATE SERVICES GROUP NAUTADUTILH N.V. 4 Table of contents Table of contents Chapter 1 Introduction to the Dutch real estate investment climate The Netherlands as a political and economic safe haven Dutch real estate market in 2014 - 2015 9 9 9 Forecast 2016-2020 12 Dutch legal landscape 13 Chapter 2 Rights in real estate 19 Introduction19 Types of rights in rem 19 Creation and transfer of rights in rem 21 Land register 21 Other potential third-party rights 22 Chapter 3 Leases 23 Introduction23 General statutory provisions – lessor’s obligations 23 General statutory provisions – lessee’s obligations 24 General statutory provisions – other rules 24 Residential premises 25 230a premises 27 290 business premises 27 Lease contracts 29 Chapter 4 Guarantees 31 Security under real estate law and security under the law of obligations 31 Bank guarantees and group guarantees 31 Handover defects 32 Rent guarantees 32 Guarantees in bankruptcy 32 403 Statement 33 Chapter 5 Sale of real estate 35 Introduction35 Sale and purchase process 35 5 Chapter 6 Common vehicles for holding and investing in real estate 41 Introduction41 NVs and BVs 41 Limited partnerships (CVs) 47 Mutual funds (FGRs) 48 Luxembourg investment vehicles 48 Chapter 7 Commercial real estate financing 55 Key players 55 Loan documents 55 Closing mechanics 56 Security58 Enforcement60 Insolvency61 Chapter 8 Financial regulation 63 Introduction63 Mortgage loans 63 AIFMD: Real estate investment fund regulation 64 AIFMD: Light regime 64 AIFMD: Fund managers from another EU member state 65 AIFMD: Fund managers from non-EU countries 65 Chapter 9 Non-consensual workout scenarios for distressed real estate loans 67 Introduction67 Scenario 1: E nforcement of mortgage: exercise of the mortgagee’s power of sale 68 Scenario 2: Takeover by mortgagee of property management (inbeheerneming)70 Scenario 3: Instigate bankruptcy proceedings and strike a deal with a bankruptcy trustee on property management and sale process 72 6 Table of contents Chapter 10 Reasonableness and fairness 75 Introduction75 Pre-contractual good faith 75 Phases of pre-contractual relationships 75 Preventing pre-contractual binding 76 Chapter 11 Taxation of real estate 77 Introduction77 Corporate income tax 77 Personal income tax 82 VAT83 Real estate transfer tax (RETT) 86 Other taxes and duties 87 Local taxes and charges 87 Financing the acquisition of Dutch real estate 88 Chapter 12 Zoning and environmental issues 89 Zoning89 Expropriation and preferential rights 90 Integrated environmental permit 90 Environmental rules 91 Soil pollution 92 Environmental audit 92 Chapter 13 Construction 93 Introduction93 UAV93 UAV-GC, DBFM, BOT or BOOT 93 Construction contracts 94 Payments and default 94 Bankruptcy95 Insurance95 Disputes96 Foreign contractors 96 7 Chapter 14 Public procurement and competition law 97 Public procurement law 97 Competition law 99 Chapter 15 Public-private partnerships 103 Introduction103 Procedure/Phases104 Framework: Agreements and risk allocation Chapter 16 Thermal energy & supply of heating 105 109 Thermal energy storage systems 109 Deep geothermal energy 111 Heating Supply Act: maximum price for small-scale users 111 Subsidies112 Chapter 17 Court system and alternative dispute resolution 113 Introduction113 District Courts, Courts of Appeal and the Supreme Court 113 Administrative law and procedure 114 Alternative dispute resolution 116 Authors234 Offices238 Amsterdam238 Brussels238 London238 Luxembourg238 New York 238 Rotterdam238 8 Table of contents 9 Chapter 1 Introduction to the Dutch real estate investment climate The Netherlands as a political and economic safe haven Thanks to its stable political and economic climate, Western Europe is a popular investment region for many real estate investors and financiers. That is particularly true of the Netherlands. With its seaports and airports, the Netherlands is one of Europe’s most important logistics ports and transit regions. Because many of the main transatlantic data connections between the United States and continental Europe are routed through the Netherlands, the Netherlands has retained its position as a logistics hub even in the digital era of the 21st century. Dutch real estate market in 2014 - 2015 After lying low for a number of years following the global financial crisis, the Dutch real estate market flared back to life in 2014 and 2015, reaching new highs amid intense investor interest, mainly from abroad. Lured by bargain prices and improving economic fundamentals, international investors swooped on assets in all sectors, helping to send the year-end volume to over € 10 billion, double the figure for 2013 and not far off the € 11-12 billion seen during the boom years. Amsterdam was the fifth-largest investment market in Europe in 2014 with a volume of almost € 2.3 billion, up from € 1.6 billion in 2013. The momentum continued into 2015 as investors continue to buy into the market upswing. The capital chasing assets in the Netherlands ranges from Anglo-American private equity to home-grown and international – particularly German – institutional money. Foreign investors dominated the scene in 2014, accounting for 65% of investments against 35% for domestic players, according to data compiled by PropertyEU. US capital was particularly prominent, capturing 27% of the total volume compared with 14% for German investors, traditionally the biggest investor group in the Netherlands. Blackstone and Lone Star – the two big US hunters, along with Cerberus, of distressed assets across Europe – clinched some of the biggest Dutch deals in 2014 and were joined by German institutional stalwarts of the likes of Union Investment and Deka as well as newcomers Round Hill Capital and Patrizia Immobilien. 10 Chapter 1: Introduction to the Dutch Real Estate Investment Climate Despite the ongoing malaise in the sector, offices were the most sought-after asset class, accounting for 39% of the investment total, followed by rental homes (26%), retail (13%) and industrial assets (12%). In terms of locations, Amsterdam took the lead with € 2.45 billion of transactions, followed at some distance by Rotterdam (€ 700 million), The Hague (€ 400 million), Utrecht (€ 200 million) and Eindhoven (€ 100 million). Lone Star and Blackstone both did business with CBRE Global Investors in the Netherlands in 2014 as the investment manager offloaded assets from its Dutch Office Fund (DOF) as well as residential and retail properties. Lone Star hit the market big time in July with its first-ever Dutch acquisition of 32 office buildings from CBRE GI’s DOF for € 382 million. A few months later, the US investor swooped again with the purchase of five offices from Germany’s IVG for a sum believed to be in the vicinity of € 70 million. It followed this up in April 2015 with a smaller office purchase in Amsterdam, but at a hefty discount. Lone Star paid about € 58 million for the INIT property for which the vendor, Pramerica, had paid € 100 million in 2007. Not to be outdone, US peer Blackstone was also active in the market, acquiring 14 retail assets from CBRE GI on behalf of its European retail platform Multi Corporation. Financial details were not disclosed but the deal is estimated at around € 240 million. A year earlier, in October 2013, Blackstone had completed the acquisition of European shopping centre developer Multi Corporation in what at the time was one of Europe’s largest real estate-related distressed transactions since the onset of the credit crisis. Multi ultimately aims to build up a portfolio of between € 5-10 billion over a three-year period. The US asset manager was also active in the office and logistics sector, acquiring consumer goods group Unilever’s Dutch headquarters in Rotterdam from UBS for around € 52 million, as well as the new head office of global IT services company Capgemini near Utrecht and three logistics assets from CBRE GI for just under € 100 million. Blackstone and Lone Star were not the only investors to raise an American flag on Dutch soil in 2014. In February, opportunistic investor Mount Kellet Capital Management completed the joint venture acquisition of 10 shopping centres from listed retail specialist Corio at a discount approaching 30%. Founded in 2008 by two former Goldman Sachs partners, Mount Kellet works together with retail fund manager Sectie5 Investments in the Netherlands. German investors Union Investment and Deka – no strangers to the Dutch market – also captured a fair share of single-asset activity in 2014. Union bought the ITO + SOM office complex in Amsterdam’s Zuidas business district from Commerz Real for € 244 million while Deka acquired the spanking new, ultra-green office development The Edge in the same area for € 200 million. Together Union and Deka have virtually cleaned out all the prime office assets that were up for sale in Amsterdam’s Zuidas. It was no coincidence that the headline on the 30 August 2014 edition of the Dutch newspaper Het Parool was in German: “Herzlich willkommen an der Süd-Achse” (A Warm Welcome to the Zuidas). 11 But the real surprise in 2014 was a rash of big residential deals involving cross-border money as government deregulation opened the market up to foreign capital. In total, foreign investors splurged more than € 1.5 billion on Dutch residential property in 2014, according to figures from advisory firm Capital Value. UKbased Round Hill Capital, an investor and asset manager with around € 4.4 billion of European property assets under management, was the largest newcomer on the scene, acquiring major portfolios from the likes of CBRE GI, housing association Wooninvesteringfonds (WIF) and Dutch ‘bad bank’ Propertize. It spent a total € 680 million on Dutch residential assets in 2014 and struck a further two deals in 2015 totalling around € 100 million. Nevertheless, the biggest single transaction in 2014 was struck by Germany’s Patrizia, which acquired a portfolio for € 578 million from ailing Dutch housing association Vestia as part of its strategy of becoming Europe’s leading real estate investment company. Overall, the Augsburg-based company has acquired 5,500 housing units in the Netherlands since establishing a Dutch subsidiary in 2014 and appointing Peter Helfrich as its CEO. But lack of product has thwarted many growth plans. The lack of available residential product in the market has been disappointing. Dutch housing corporations, the key potential vendors of existing stock, are failing to sell or are selling mostly to one another, thereby undermining government moves to liberalise the sector. The opportunities in other Dutch cities are particularly in the housing segment with rents between € 600 and € 950 per month. ‘We’re not planning to develop ourselves, but will work with sub-contractors. A key condition is that the demographics are favourable and that the product is sustainable, innovative and of good quality.’ International investors tend to favour the regulated segment of the market, which accounted for around 52% of all residential purchases in 2014, in contrast to Dutch institutional funds which focused on newbuild properties in the Randstad urban agglomeration. Other foreign entrants to the market in 2014 besides Patrizia and Round Hill included Aventicum, BNP Paribas REIM Germany and Heitman. In the industrial sector, particularly the light industrial segment, trading has also been brisk with a number of portfolios changing hands. Again, cross-border investors were among the most active buyers in 2014. Global private equity firm HIG Capital scored a hat trick of deals by buying three portfolios through its affiliate Bayside Capital, bringing the value of its Dutch portfolio to € 100 million. UK REIT Hansteen was also active, acquiring 370,000 m2 of multi-let industrial space in a complex transaction from a distressed entity for € 106 million, or a gross income yield of 14.5%. Another recurrent name is MStar Europe, a joint venture between London-based M7 Real Estate and Starwood Capital Group. In August 2014, it picked up 10 warehouses in the Randstad area from fund manager Rockspring for € 71 million. Two new trends seem to have shaped the Dutch market in 2015 compared with 2014: an increased use of leverage as financing has become more readily available; and more Asian institutional players have sought to channel funds into what they perceive as a stable, core market. 12 Chapter 1: Introduction to the Dutch Real Estate Investment Climate With restrictions being lifted on investment abroad by Asian insurers and pension funds, their allocation to real estate ‘will grow quickly in the coming years’, they noted. AXA Real Estate, acting for Chinese conglomerate HNA, picked up the 5-star NH Grand Hotel Krasnapolsky in Amsterdam for € 157 million in 2013. Asian investors also joined the bidding fray for a number of properties in 2014. Singapore’s First Sponsor acquired an office building in Amsterdam from AEW Europe along with a number of Singaporean private investors, as well as (along with three other co-investors) the DeltaLloyd office portfolio including the Mondriaan Tower, for € 205 million. German fund manager Union Investment Real Estate appears to be sated following its buying spree in Amsterdam in 2014 which propelled it into one of the largest foreign commercial property landlords in the Dutch capital. In January 2015, Union Investment acquired the new headquarters of law firm Stibbe in the Zuidas business district for € 54 million from developer Dura Vermeer. That acquisition followed the purchase of a neighbouring project, also being developed by Dura Vermeer, for Dutch coatings specialist AkzoNobel, for € 82 million or a yield of 6.2%. And in April, it added the ITO + SOM office complex to its clutch of assets in the Zuidas area for around € 244 million or a gross initial yield of 6.7%. The Hamburg-based company also acquired the 4-star Radisson Blu hotel in Amsterdam for an estimated € 90 million, or € 360,000 per room. German investor Allianz Real Estate said it was partnering with an unnamed Asian party to access the booming Dutch residential property market by pumping € 600 million into local institutional platform Vesteda. The move is significant as it marks the first foreign equity infusion into Vesteda – which manages a € 3.7 billion platform. Characteristic of Asian players, many are operating below the radar. In January, an unnamed Japanese investor ploughed € 250 million into asset manager ASR’s Dutch Prime Retail Fund, bringing foreign capital in the fund to € 785 million. With prime yields compressing to ultra-low levels in their home markets – yields in Tokyo are at 3.25% and an even keener 2.8% in Hong Kong – Asian investors are looking to Europe for better spreads. But with yields also tightening in Paris and London (3.75%), Amsterdam currently offers the best spread internationally at 45 basis points. An increased use of debt finance is also seen oiling the market in 2015. Compared with 2014, when the majority of deals was financed with equity, more transactions are leveraged in 2015 as debt is easier to obtain, whether from traditional bank or alternative sources. Forecast 2016-2020 The Dutch economy is expected to maintain its positive momentum over the next five years, according to figures from the government’s macroeconomic think-tank CPB. This forecast is based on a modest growth scenario under which demand for housing is seen rising from 7.1 million to 7.8 million homes between 2015 13 and 2020. As existing new-build sites will not be able to meet this demand, the country will face a shortage of homes, particularly in the mid-priced rental segment in the four biggest cities (Amsterdam, Rotterdam, The Hague, Utrecht). In the office sector, demand for space is expected to rise to 73 million m2 in 2020 compared to a current inventory of 70 million m2 with 15% vacancy level. This demand is based on replacement needs totalling 3 million m2 and new office space requirements of 2 million m2. With 15% of the office stock currently being offered for lease purposes, substantial vacancy levels will remain at poorer locations. Demand will continue to focus on central locations in the 10 biggest cities with good public transport connections. To meet that demand, several complex and long-term redevelopments will be needed, resulting in temporary shortages of space. The retail sector, which currently totals 53 million m2 of space, will increase only slightly in size to 54 million m2 by 2020, with growth being concentrated in the top 20 retail cities. PropertyEU expects shop vacancies in midsized Dutch cities and towns will increase, partly as a result of rising online sales. Dutch legal landscape Like the country’s political and economical landscape, the Netherlands’ legal landscape is characterised by stability and the rule of law. The Dutch law system is based on civil law, as are the German, Belgian, and French legal systems. Unlike countries like the UK, where common law forms the basis of the law, the civil law system is based on the belief that laws should be codified in advance instead of being created along the way by case law. This distinction makes the Dutch civil law system a very stable and balanced one. Unlike in other civil law countries such as Germany, Belgium, and France, Dutch legal practice allows notaries to operate within the same law firm as attorneys at law and tax advisors. As a result, Dutch practice comprises extremely efficient and integrated procedures for investing in real estate. Attorneys, tax consultants, and civil-law notaries from a single firm usually work together for the buyer or the seller, with the civil-law notary’s role being partisan on some occasions and non-partisan on others, depending on the agreements the parties have made in this respect. Moreover, the Netherlands has an extremely reliable land register system. All notarial deeds regarding real rights to Dutch real estate are recorded in the land register, which creates a high degree of certainty with regard to the title (or another, limited entitlement) to Dutch real estate, as well as any restricted rights with which that property is encumbered and any special registrations imposed by the government, such as those having to do with environmental risks. Source: PropertyNL 14 Chapter 1: Introduction to the Dutch Real Estate Investment Climate Facts & figures Take-up figures Office space >500 m² Type of deals in % Difference in % Conglomerate Amsterdam 41 Conglomerate The Hague min 12 Conglomerate Eindhoven min 43 Conglomerate Rotterdam 89 Conglomerate Utrecht Drenthe Friesland 34 *of which 26% residential portfolios min 8 69 Limburg min 74 Noord-Brabant min 34 Noord-Holland 61 Overijssel Single asset deals 530 73 Groningen (province) Portfolio deals* 45% min 30 Flevoland Gelderland 55%* Increase number of transactions 114 2014 through Q3 2015 through Q3 min 32 Q1 123 151 Zeeland 27 Q2 124 164 Zuid-Holland 44 Q3 139 146 Total 13 Total 386 461 Utrecht (province) Source: PropertyNL Research 15 Investment Dutch market first 9 months Investment Dutch market first 9 months in € mln % foreign investors Office Retail Industrial (incl logistics) Residential 2007 7471 40 4718 772 1131 850 2008 3554 24 1450 1433 671 2009 2978 21 983 591 806 2010 3879 21 1212 1515 2011 3273 28 855 2012 3368 22 2013 2025 2014 2015 Hotel Other 478 47 73 313 675 29 135 901 553 580 207 177 1314 725 302 816 133 78 43 807 417 232 413 127 29 6268 66 1956 847 842 1843 575 205 6383 49 2153 1546 767 1421 354 142 Top-5 portfolio deals 2015 Portfolio deal Purchase price (x € 1 mln) Buyer Seller Wereldhave buys 9 shopping centres from Klépierre 730 Wereldhave Klépierre Management NL AccorHotels Group buys 11 hotels in the Netherlands 234 Event Hotels Accor Tristan Capital buys office portfolio Generali 212 Tristan Capital Partners Generali Verzekeringsgroep > 150 Ares IVG 109 HS One/Maples Fiduciary Elizen Vastgoed Ares buys office portfolio IVG Eljans- retail portfolio Source: PropertyNL Research 16 Chapter 1: Introduction to the Dutch Real Estate Investment Climate Facts & figures Top-5 single asset deals 2015 Location Description Purchase price (x 1 mln) Buyer Seller Amsterdam Rokin Plaza 108 Vastned Retail Rocking Plaza Amsterdam Number One (Hema headquarters) 89 MMZ Properties Amsterdam Waterfront Amsterdam Haarlerbergpark 88 Moor Park Funds ING Bank The Hague MegaStores 66 CQS (UK) LLP ING Real Estate Amsterdam Former Palace of Justice 61 CTF Amsterdam M7 Development Take-up development Q1-Q3 2015 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 2008 2009 2010 2011 Industrial 2012 Office Source: PropertyNL Research 2013 2014 Retail 2015 17 Factsheet 5 largest cities Take-up office >500 m² t/m Q3 2015 Take-up office >500 m² t/m Q3 2014 Office contract extention >500 m² Office for sale >500 m² Investment volume (x € 1 mln) Largest office transaction in Q1 Amsterdam The Hague 175.250 43.125 64.000 16.500 68.000 16.500 1.061.000 499.500 1.896 125 ING Bank, 27.600 m², Frankemaheerd 2 Shell, 10.500 m², Oostduinlaan 2 Rotterdam Utrecht 66.250 29.000 13.500 5.100 13.500 18.200 695.500 401.000 417 185 Nationale Politie, 16.500 m², Marten Meesweg 35 Propertize, 2800 m², Daalseplein 1 Eindhoven G5 Total in m2 175.250 329.500 64.000 106.100 68.000 115.400 1.061.000 2.912.000 1.896 2.737 Dela, 2300 m², Oude Stadsgracht 1 Source: PropertyNL Research 18 Chapter 1: Introduction to the Dutch Real Estate Investment Climate 234 Authors Authors Saskia Bijl de Vroe is a senior associate in the Taxarion Group. She specializes in Netherlands tax law, advising Dutch and international clients in a number of areas including corporate restructurings, financing transactions, share/bond issues, mergers and acquisitions and share related remuneration. Nico Blom is a partner in the Taxation Group. He specializes in tax aspects of structured finance, securitization, cross-border financing, funds (including real estate), joint ventures, mergers and acquisitions. He has been involved in a wide variety of financing transactions, ranging from acquisition finance, asset finance and project finance. Audrey Derep is an associate in the Luxembourg Taxation Group. In that capacity, she assists clients on all kinds of tax matters including the tax aspects of structured finance, tax advice in the context of M&A, real estate, private equity and venture capital transactions. David van Dijk is a partner in the Real Estate and Infrastructure Group and heads the firm’s Real Estate Services Group. He specializes in commercial real estate, with emphasis on investments and dispositions, investment funds, project development, asset management, property finance as well as real estate related litigation. David van Ee is a partner in the Real Estate and Infrastructure Group. He specializes in transactions, procurement and litigation relating to infrastructure, industrial construction and real estate. He is a coordinating member of the teams advising on major PPP projects in the Netherlands. Frans van der Eerden is a partner in the Banking & Finance Group. He specializes in financial regulation. He advises nationally and internationally active financial institutions in respect of securities law, derivatives and financial supervision. 235 Jean Marc Groelly is a partner in the Luxembourg Taxation Group. He specializes in international tax law with a particular focus on the tax aspects of investment funds, private equity, real estate, M&A and structured finance transactions. He advises corporate groups in their tax planning including in relation to their intellectual property. Bernard ter Haar is an advisor in the Real Estate and Infrastructure Group. He specializes in compulsory purchases, construction law, procurement and litigation. Bernard is counsel to several municipalities and companies in real estate projects. Harm Kerstholt is a partner in the Corporate Group and head of the Energy & Utilities Industry Group. Harm primarily works for clients in the energy and natural resources industry in a number of areas including public law, regulatory law, corporate/M&A, litigation and arbitration, real estate and infrastructure. Willem Keukens is a senior associate in the Banking & Finance Group and specialises in Restructuring & Insolvency. He advises on matters of Dutch security rights and insolvency law and advises on various types of financing transactions, including asset based lending. Willem also regularly litigates in insolvency related disputes. Anne-Marie Klijn is a partner in the Public Law Group. She specializes in advising companies and governmental bodies in all areas where government has a direct influence on society. This involves spatial planning, environment, nature, energy, traffic and transport, government liability, compensation for damages and planning blight. Kees Koetsier is a partner in the Real Estate and Infrastructure Group. He has a broad transaction based practice focusing on commercial real estate, aircraft finance and corporate structuring. He advises on property law and corporate law aspects of transfer of seat, joint ventures, corporate restructurings and finance. 236 Authors Paul Loeb is a senior associate in the Real Estate and Infrastructure Group. He is active in civil and administrative matters and specializes in governmental liabilities, drafting, negotiation and compliance of contracts, expropriation, ground lease, and procurement law. Frederike Manzoni - Van de Kuilen is an associate partner in the Real Estate and Infrastructure Group and specializes in tax law, in particular VAT and customs duties. Her practice consists mainly of advising national and international clients on the VAT and customs-related aspects of national and international M&A and financing transactions. Arief van Rhee is a partner in the Real Estate and Infrastructure Group. He specializes in (commercial) property and corporate law. He focuses on real estate development projects, transactions regarding commercial property and property finance. He advises prominent local real estate asset managers, real estate developers and also international clients. Herman Speyart is a partner in the Competition Group. He is a specialist in the area of cartels, distribution systems, dominance, merger control, state aids and public procurement. He assists in major procurement cases, advises companies on their distribution systems and has been involved in the recent bank recapitalization operations. Frank Spraakman is a senior associate in the Real Estate and Infrastructure Group. He specializes in commercial real estate, with emphasis on in-/divestments, leasing, project development and litigation. Jorieke van Strijen is a senior associate in the Real Estate and Infrastructure Group. She specializes in commercial real estate and leasing. She advises in all real estate matters, particularly leases and works on behalf of property management companies for business and residential premises, development companies and lessees of business premises. 237 Teun Struycken is a partner in the Banking & Finance Group and specialises in the law on restructuring & insolvency, secured transactions and asset based lending, both domestic and trans-Atlantic. He has substantial experience with the restructuring of multinational and domestic groups of companies, and advises both lenders and borrowers. Diederik Vriesendorp is a partner in the Banking & Finance Group. He advises both lenders and borrowers on a wide range of financing transactions, including acquisition finance, restructuring, general corporate lending and real estate financing. Harald Wiersema is a senior associate in the Public Law Group. He specializes in general administrative law, with a focus on environmental and zoning law, energy law and government liability. He advises companies and public government entities strategically and substantively on various subjects, including zoning plans, permits, administrative enforcement and government shareholdings. 238 Authors Offices Amsterdam Beethovenstraat 400 | 1082 PR P.O. Box 7113 | 1007 JC Amsterdam T +31 20 71 71 000 Brussels Chaussée de La Hulpe / Terhulpsesteenweg 120 B-1000 Brussels T +32 2 566 80 00 London 2 Copthall Avenue London EC2R 7DA T +44 207 786 9100 Luxembourg 2, rue Jean Bertholet L-1233 Luxembourg T +352 26 12 29 1 New York One Rockefeller Plaza NY 10020 New York T +1 212 218 2990 Rotterdam More information Weena 800 | 3014 DA www.nautadutilh.com P.O. BOX 1110 | 3000 BC Rotterdam realestateservices@nautadutilh.com T +31 10 224 00 00